Lack of reasons in family law matters

Today's Court of Appeal decision in Jessop v. Wright, 2008 ONCA 673 raises the issue of a lack of detailed reasons in a family law decision.

The Court holds that some reasons, especially relating to the basis on which support is made, are needed particularly so that variation applications can be dealt with sensibly.

The Court holds:


[13]          We observe that the lack of comprehensive reasons given by the motion judge poses difficulties for any application to vary.  The motion judge's silence on the issue of duration of spousal support suggests the issue was not decided.  At that time, there was obviously a material uncertainty regarding the respondent's further efforts to obtain employment or retraining or self-sufficiency.  On any subsequent variation hearing, the court should consider the appropriate duration of spousal support, including whether support should be limited or unlimited, which will in turn have an impact on the amount of support. 
James Morton
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